Assignment of Customer Service Agreement
Assignment of Customer Service Agreement(s)
EFFECTIVE DATE: 06-06-2014. Customer may request a prior version of the Assignment of Customer Service Agreement(s) (this “Assignment”), if any, by contacting Dealer at email@example.com.
In consideration for the compensation set forth in the corresponding Purchase Order or other agreement (each, an “Order”), Dealer hereby assigns, sells and transfers all of its right, title and interest under the John Deere Customer Service Agreement(s) (“CSAs”) specified in the Order “AS IS” to the customer, purchaser or buyer specified in the Order (“Customer”), subject to all the terms of the applicable CSAs, each of which is incorporated herein and made a part hereof.
Customer acknowledges and agrees that this assignment is subject to the approval of Deere, and that Deere may approve or reject the assignment for any reason. Accordingly, this Assignment will become effective only upon approval by Deere, and Customer acknowledges that it will not have any claim against Dealer for a refund or otherwise if Deere refuses to accept the assignment.
Customer hereby acknowledges that (a) it has received or been provided access to the CSAs and been provided the opportunity to have this Assignment and the applicable CSAs reviewed by legal counsel and (b) Dealer is only assigning its interest in the CSA and has no liability for any acts or omissions of Deere or any other party relating to the CSA. Customer hereby accepts the assignment and assumption of the CSAs, acknowledges that it understands the terms of this Assignment and each applicable CSA and agrees to be bound by the terms and provisions thereof in place of Dealer, including, without limitation, the payments coming due thereunder. Customer further acknowledges that any data or information used in connection with the CSA is subject to and governed by privacy policies published by Dealer, Deere, and various third party service providers, as such policies may be amended. Any person agreeing to be bound by this Assignment on behalf of Customer has been properly authorized and empowered to enter into, and bind Customer to, this Assignment and the underlying CSAs.
Where applicable, the Activation Date identifies the date upon which it is agreed that the services covered by the applicable CSA are to begin, including when the services software and compatible hardware may be authorized to transfer data. However, the date upon which actual transmission of data from the compatible hardware begins may be dependent upon several factors, including the provision of power to the compatible hardware and/or software.
Invoices and Other Documents not signed by a Customer:
Dealer’s (i) Assignment of Customer Service Agreement(s) in force and effect as of the effective date hereof, which is available at http://www.greencountryequip.com/Assignment-of-Customer-Service-Agreement or upon request to Dealer and (ii) the applicable Customer Service Agreements (“CSAs”) in force and effect as of the effective date hereof, which are available at www.JohnDeere.com/Agreements or upon request to Dealer, are hereby incorporated as if fully set forth herein. CUSTOMER ACKNOWLEDGES AND AGREES, BY ACCEPTING OR USING DEALER’S PRODUCTS OR SERVICES, THAT CUSTOMER HAS HAD THE OPPORTUNITY TO REVIEW THE INCORPORATED ASSIGNMENT AND APPLICABLE CSAs PRIOR TO ENTERING INTO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS) AND LIMITATIONS OF LIABILITY.